114 Court St. Cadiz, Ohio 43907

114 Court St. Cadiz, Ohio 43907

Phone: (740)-942-2197 Fax: (740)-942-3295

e-mail:

Updated: January 23, 2009

Updated: March 13, 2009

Updated: July 21, 2009

Updated: July 17, 2013

Updated: September 28, 2016

Updated: February 12, 2018

Due to the changes implemented in House Bill 390, the following will cover the new Harrison County Local rules and Sheriff Policies: Once judgment is made on foreclosure. This policy is subject to change.

Effective on the date posted above, No person shall, Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the either of the following: The person has been served with a summons and complaint in a pending residential mortgage loan foreclosure action relating to that real property. As used in this division, "pending" includes the time between judgment entry and confirmation of sale. Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker; whomever violates this section is guilty of criminal mischief ORC 2909.07.

Prior to the praecipe for Order of Sale the following needs to be done. A mortgagee who files a foreclosure action on a residential property may file a motion with the court to proceed in an expedited manner under this section on the basis that the property is vacant and abandoned. In order to proceed in an expedited manner, upon the filing of such motion, the mortgagee must be a person entitled to enforce the instrument secured by the mortgage under division (A)(1) or (2) of section 1303.31 of the Revised Code or a person with the right to enforce the obligation secured by the mortgage pursuant to law outside of Chapter 1303. of the Revised Code.

BLIGHTED PROPERTY

A County official that the judge has appointed, has to verify the real property is blighted, vacant and abandoned pursuant to division (C)(3)(h). (i). or (j) of this section, but the court makes a preliminary finding that the residential real property is vacant and abandoned pursuant to division (C) of this section, then within seven days of the preliminary finding, the court shall order the appropriate official of a county, municipal corporation, or township in which the property is located to verify the property is vacant and abandoned

Prior to the Praecipe for Order of Sale being filed, the legal description must be sent to the Harrison County Engineer’s Office to be stamped approval with the Property Description Form completed. The address for these to be sent is: Harrison County Engineers Office, 100 West Market Street, Cadiz, Ohio 43907. Please include a self-addressed prepaid envelope for return of description. Note: No copies showing previous stamps, signatures, date or are in poor condition will be accepted. Effective September 28th, 2016 there is a $200.00 Sheriff fee for every Praecipe or Alias Praecipe that comes through the Sheriffs Office. This is to be made out to Harrison County Sheriff’s Office.

1.  Praecipe for Order of Sale. The form of the Praecipe must have the Original Stamped Legal and the Property Description Form attached. The Praecipe will remain unchanged.

A.  Appraisal (if it is an Alias Order note with or without re-appraisal)

B.  Deposit ~ Once the appraisal is completed the Sheriff with fax a copy of Sheriff’s fees, appraisal fees and publishing fees back to the attorney. Once the fees are received, by all, the Sheriffs Office will go to next step.

C.  Advertise ~ We will advertise in the Harrison News Herald for 3 weeks with the sale being held on the following Monday at 9 a.m. (If you would like additional advertising – please note that on the Praecipe). See Section 2329.26, ORC. Local Rule provides that the Harrison News Herald will provide the Plaintiff with the first publication.

2.  Open House ~ Section 2329.272, ORC. If the property is knowingly vacant or abandoned you will need to request an Open House prior to advertisement. During the appraisal process the appraisers are required to notify this office if it is, “without a doubt, vacant”. If you wish to request an Open House, additional fees will be included with the Sheriff’s return filed with the Clerk of Courts. Costs will be approximately based on overtime wage, $450. All Open Houses will be advertised with the Notice of Sale.

3.  Purchaser Information Form ~ All winning bidders (Plaintiff, Defendant, or 3rd Party) will be required to fill out a Purchaser Information Form. Section 2329.271. ORC. If you are an out of town attorney and have a local bidder attending the auction, please include: a completed Purchaser Information Form with your bidding instructions. At the auction they will be required to submit this form. The form will be a part of the court proceedings and be filed with the Sheriff’s return. If the form does not accompany the Plaintiff after the sale, then it will be resold immediately, again with no Plaintiff rights to rebid, then they have fourteen (14) days to file for a dismissal of sale.

4.  If there is a no bid, the original will have the next sale date which will be 2 weeks out on Monday at 9am, 1st floor of the court house. Due to HB 463 which was effective 4/6/2017, the second and any subsequent auctions shall be sold to the highest bidder without regards to the minimum bid requirements in section 2329.20 of the ORC.

A.  When the Plaintiff is the successful bidder for property sold at judicial sale, the Plaintiff shall deliver the calculated amount to the Sheriff of which is to covers the purchase, property taxes, recording fees, conveyance fees. This fees shall be paid to the sheriff in 15 days after sale.

B.  When the successful bidder for property sold at judicial sale is not the plaintiff, (Third Party) the successful bidder shall deposit with the Sheriff in cash or by certified check $5,000 of the amount of such bid, the deposit is due when sale is final. Third Party purchases will be required to pay for all sale costs, allowance, and back taxes. If deposit is not presented at the time of sale, the sale will be continued. Full payment is required in 30 days after sale.

C.  The ORC 2327.02(C) allows for the Sheriff to collect $200.00 dollars for the recording of the Deed. The conveyance fees ($4.00 per thousand and transfer tax and $0.50 per parcel). The highest bid shall be rounded to the nearest $100.00 and conveyance calculated from that amount. These fees are payable to the Harrison County Auditor.

4. Deeds ~ Section 2329.31(C), ORC. The attorney shall prepare the deed within 5 days after fees have been paid and submit the following to the Sheriff:

A.  Prepared deed in recordable form with the first page having a 4” top margin, for the Sheriff to record

B.  Prepared conveyance form

C.  Recording fees (2 pgs. ~ $28.00; 3 pgs. ~ $36.00; 4 pgs. ~ $44.00) this fee is payable to the Harrison County Recorder, with 1 self addresses envelope for return of the deed, when the recorder is done with this process, this process could take up to a year.

D.  Self addressed stamped envelope for the return of any funds.

E.  Any special instructions, if needed.

F.  All fees must be paid in full before deed is released to the plaintiff.

If you have any questions or concerns you may direct those to Sheriff Ronald J. Myers or e-mail

Respectfully,

Ronald J. Myers

Harrison County Sheriff